CHENNAI: Former Tamil Nadu Minister V Senthil Balaji’s counsel on Wednesday blamed the Enforcement Directorate of tampering with the electronic evidence and sought the Madras High Court to subject the evidence to rigorous tests.
Senior counsel C Aryama Sundaram, representing the politician, told the court that ED has informed it has digital evidence to prove his involvement in generating tainted money and laundering it. The “incriminating materials” are in the hard disc and pen drive but they have nothing other than these, he said. The counsel alleged that the ED had tampered with the electronic evidence as they had its possession for six days before handing it over to the court.
According to the counsel, the ED said it will prove the evidence was not tampered but only during trial. “This means the evidence does not have probative value till then,” alleged the counsel. Advancing arguments on the bail plea filed by the jailed DMK leader before Justice N Anand Venkatesh, the counsel pointed out discrepancies in the panchnama on the entry of materials seized from Balaji’s property.
“Barring the tampered evidence, they have nothing to point against him. The ED had opposed Balaji’s bail applications saying he would threaten the witnesses as he was still holding the minister post. But he has resigned now,” added the counsel and pleaded with the court to take into account the change in circumstances and grant bail to Balaji.
Additional Solicitor General AR L Sundaresan, appearing for the ED, denied the charges of tampering evidences.
Meanwhile, the ED in its counter-affidavit stated that the past record of Balaji and his brother Ashok Kumar prove they are highly influential and known for notorious acts. The agency also stated if Balaji is released on bail, it will create a difficult situation for the witnesses. It sought the court to order for a speedy trial instead of granting bail.
The judge adjourned the hearing for Thursday.